In practice for more than 30 years, Curt Kirschner focuses on the resolution of complex labor and employment disputes, with a particular concentration on addressing employers' rights and obligations relating to disputes arising in the health care and financial services fields. Curt has been designated by the American Hospital Association as its outside counsel for labor matters affecting the hospital industry. On behalf of the AHA, he has authored amicus briefs and comments on a variety of important policy topics facing hospital employers, including federal preemption of state laws affecting labor-management relations, the National Labor Relations Board's proposed rule changes, and the proposed expansion of the federal contractor jurisdiction over hospitals.
Curt has extensive experience in the defense of "corporate campaigns" brought against employers by labor unions, including the pursuit of litigation against unlawful union activities arising from corporate campaigns. He has negotiated scores of collective bargaining agreements, handled numerous proceedings before the NLRB and similar state agencies, advocated on behalf of employers in grievance and interest arbitrations, and provided advice and litigation representation during labor disputes.
Curt's employment litigation experience is similarly extensive. Defending scores of employment lawsuits in state and federal courts and in private arbitration proceedings, he has obtained favorable decisions from juries, judges, and arbitrators in difficult employment cases in many industry sectors, including health care, broadcasting, technology, investment banking, and the public sector.
Experience
Menorah Medical Center secures victory in National Labor Relations Board decision regarding peer review programs
Jones Day client Menorah Medical Center, an acute care hospital in Kansas affiliated with HCA, Inc., secured a victory in a case challenging a National Labor Relations Board decision involving the role of labor unions in hospitals' peer review programs.
Loma Linda University Medical Center forms clinically integrated network
Jones Day advised Loma Linda University Medical Center, an academic medical and research center that operates some of the largest clinical programs in the United States, in connection with the development of University Preferred Health Partners (UPHP), a clinically integrated network serving the Inland Empire region of Southern California.
City of Hope forms precision medicine alliance with TGen
Jones Day advised City of Hope, a world-renowned cancer and diabetes research and treatment center, in its affiliation with the Translational Genomics Research Institute (TGen), a nonprofit biomedical research institute focused on developing earlier diagnostics and personalized treatments.
Verity Health selects Conifer Health for comprehensive revenue cycle management
Jones Day advised Verity Health System in the negotiation of a comprehensive hospital revenue cycle management outsourcing agreement with Conifer Health Solutions.
Dignity Health purchases revenue cycle management services from Optum360
Jones Day represented Dignity Health in negotiating a 10-year management services agreement with Optum360.
Dignity Health forms joint venture with Optum Insight
Jones Day advised Dignity Health, the fifth largest hospital provider in the United States, in the formation of a joint venture with Optum Insight, a provider of information and technology solutions in the health care field.
San Francisco Symphony reaches agreement with musicians union
Jones Day serves as the representative for the San Francisco Symphony in widely publicized negotiations with the symphony's unionized musicians
Dignity Health acquires U.S. HealthWorks
Jones Day advised Dignity Health, the fifth largest health system in the nation, in its acquisition of U.S. HealthWorks, the largest independent operator of occupational medicine and urgent care centers in the United States.
American Hospital Association acts as amicus curiae in case before the Administrative Review Board
Jones Day represented American Hospital Association as amicus curiae on behalf of Florida Hospital before the Administrative Review Board in a case involving whether Florida Hospital's receipt of TRICARE reimbursements made it a federal subcontractor subject to the OFCCP's jurisdiction.
Sutter Health affiliate obtains affirmance from Ninth Circuit overturning labor arbitrator's award
Jones Day, on behalf of San Francisco Hospital California Pacific Medical Center ("CPMC"), a Sutter Health affiliate, persuaded a labor arbitrator to reject an SEIU United Healthcare Workers - West grievance.
Port of Oakland defends against unfair labor practice charges stemming from a reduction in force
Jones Day is defending Port of Oakland in numerous arbitrations and unfair labor practice charges stemming from a reduction in force.
Sutter Health negotiates with SEIU and reaches contract settlement with CNA
Jones Day provided strategic labor relations advice to Sutter Health and its affiliated hospitals related to some of the most important and publicized labor negotiations in the health care industry.
HCA involved in SEIU election agreement arbitration
Jones Day advised HCA, Inc. in arbitration proceedings regarding SEIU election agreement issues.
Yale-New Haven Hospital Center settles unfair labor practice charges on eve of trial
Jones Day represented Yale-New Haven Hospital Center in an unfair labor practice dispute filed by unionized university employees seeking to leaflet on employer's property.
Additional Publications
- Summer 2014The Affordable Care Act and Labor Contract Negotiations: What's the Deal for Employers? Benefits Law Journal, Vol. 27, No. 2
- Second Quarter, 2013Special Concerns for Hospitals as Employers Under the Affordable Care Act, Health Care Labor Report
- November/December 2009Addressing Employee Issues Related to H1N1, AHA Health Care Labor Report
- November/December 2009EFCA's First Contract Arbitration Would Revolutionize the Labor Law Landscape, coauthor
- August 7, 2009EFCA's First Contract Arbitration Provision: Why the Disinterest Over Interest Arbitration?, Workplace Law Report, 7 WLR 1102, BNA, Inc.
- July/August 2009Court Limits Hospitals' Responses to Employee Participation in Unlawful Picketing, AHA Health Care Labor Report
- April 2009Rival Unions Form New Alliance, coauthor, AHA Health Care Labor Report
- July/August 2008Supreme Court Strikes Down Restrictions on Employer Speech, coauthor, AHA Health Care Labor Report
- January 2008Future Scenarios for U.S. Labor Relations
- 2007Corporate Campaigns: Five Questions Every Hospital Leader Should Ask to Prepare for and Manage a Corporate Campaign
- November 2007In Dana Corp., NLRB Offers Protection for Employee Free Choice with Secret Ballot Elections, AHA Health Care Labor Report
Speaking Engagements
- February 2017U.S. Business Outlook in the New Administration", Jones Day, San Francisco
- May 27, 2016NELI, Traditional Labor Law Update
- December 4, 2015NELI, Traditional Labor Law Update
- June 9, 2015KKR General Counsel & Regulatory Affairs Conference
- March 25, 2014Affordable Care Act Update -- What You Need to Know from the Recently Issued Final Regulations
- September 29, 2013What Health Care HR Needs to Know about the Affordable Care Act, American Society for Healthcare Human Resources Administration 49th Annual Conference
- April 9 & 10, 2013Affordable Care Act: Implementation Issues for Employers, Jones Day Chicago Health Care Conference
- November 2009Jones Day 2008 California Labor & Employment Law Briefing
- October 8, 2009California Labor Outlook, 2009 California Labor & Employment Law Briefing
- November 2008Update on Labor - Management Relations, National Employment Law Conference
- October 2008Labor and Employment Law Update, Jones Day 12th Annual Health Care Compliance Forum
- September 18, 2008Labor Relations in California, Jones Day 2008 California Labor & Employment Law Briefing
- May 2008Labor Relations in 2008: A Time of Transition, The Hospital & Healthsystem Association of Pennsylvania
- January 2007; February 2007Strategies for Managing Through a Corporate Campaign, The Leadership Institute Roundtable
- June 2006Corporate Campaigns, American Health Lawyers Association
"‘He is incredibly bright, calm and in control. His advice is always in line with our culture and how we approach things.’" — Chambers
- University of Michigan (J.D. cum laude 1985; Clara Belfield Fellowship); University of California, Berkeley (B.A. with distinction 1982; Phi Beta Kappa)
- California
Top Labor and Employment Attorneys in U.S., HR Executive Online (2010-2019)
Chambers USA (2014-2019)
Recommended attorney, employment litigation and labor, Legal 500 (2013-2017)
Top California Labor Attorneys, Daily Journal (selected five times since 2010, including 2017)
Northern California Super Lawyers (2004-2019)
Early neutral evaluator and mediator, Northern District California
Board of Governors, San Francisco Symphony
Board of Directors, San Francisco SPCA (Society for the Prevention of Cruelty to Animals)